Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Batties v. Lindsey

United States District Court, E.D. Michigan, Southern Division

June 26, 2019

ANTONIO BATTIES, Petitioner,
v.
KEVIN LINDSEY, Respondent.

          OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DENYING CERTIFICATE OF APPEALABILITY

          HONORABLE LINDA V. PARKER JUDGE.

         This is a habeas case filed under 28 U.S.C. § 2254. Petitioner Antonio Batties (“Petitioner”) is challenging his Wayne County Circuit Court conviction, following a guilty plea, to manslaughter in violation of Michigan Compiled Laws § 750.321. The trial court sentenced Petitioner to seven to fifteen years' imprisonment. Petitioner raises a single claim in support of his request for habeas relief: that he should be allowed to withdraw his guilty plea where his plea was entered under duress and no factual basis was given for the plea. The claim is without merit. Therefore, the Court is denying the petition and also is denying Petitioner a certificate of appealability.

         I. Background

         The testimony offered at Petitioner's preliminary examination indicated that Petitioner and his brother, Lynell Batties, kicked Jeffrey Simmons to death. (See, e.g., 6/26/15 Hr'g Tr. at 35-36, ECF No. 6-4.) The medical examiner described the severe injuries sustained by the victim, including: the loss of teeth with lacerations caused by fractured tooth fragments, hemorrhaging to both eyes, lacerations on the face, abrasions on the head and extremities, and extensive and intense swelling of the brain. (5/20/15 Hr'g Tr. at 8-16, ECF No. 6-2.) Petitioner was originally charged in the Wayne Circuit Court with second-degree murder and torture. (Id. at 3.)

         Petitioner accepted a plea to the lesser charge of manslaughter with a sentence agreement of seven to fifteen years' imprisonment. Petitioner indicated under oath that he signed a written plea agreement outlining the terms of the deal. (10/22/15 Hr'g Tr. at 5-6, ECF No. 6-9.) The trial court then informed Petitioner of the trial and appellate rights he would be waiving by entering into the plea agreement. (Id. at 6-12.) Petitioner stated that he understood his rights and wanted to proceed with his guilty plea. (Id.)

         Petitioner denied that anyone had threatened him to induce his guilty plea. (Id. at 12.) Petitioner also denied that anyone had promised him anything other than what was contained in the plea agreement to induce his guilty plea. (Id. at 12- 13.) Petitioner stated that he was entering his guilty plea freely, voluntarily, and understandingly. (Id. at 13.)

         Petitioner provided a factual basis for the plea, indicating that the victim died after Petitioner and the victim fought. (Id. at 13-14.) The state trial court accepted Petitioner's guilty plea, and the parties agreed that the court complied with the court rule governing the acceptance of guilty pleas. (Id. at 14.)

         Petitioner's brother elected to go to trial on the original charges and was found not guilty by a jury.

         Following Petitioner's sentence under the terms of the plea bargain, Petitioner through appellate counsel filed a motion in the trial court to withdraw his plea. Petitioner's counsel asserted that Petitioner was innocent because he, like his brother, acted in self-defense. (7/11/16 Hr'g Tr. at 3-4, ECF No. 6-11.) Petitioner indicated that he only pleaded guilty because he “felt pressured, ” and “he didn't get any discovery, his attorney really didn't do much of anything in this case except negotiate this deal.” (Id. at 4.) The trial court denied the motion. (Id. at 6.)

         Petitioner then filed a delayed application for leave to appeal in the Michigan Court of Appeals, raising one claim:

I. Whether the trial court erred by denying defendant's motion to withdraw guilty plea?

         The Michigan Court of Appeals denied the application for leave to appeal “for lack of merit in the grounds presented.” (ECF No. 6-12.) Petitioner's subsequent application for leave to appeal in the Michigan Supreme Court was denied by standard form order. People v. Batties, 891 N.W.2d 485 (Mich. 2017) (Table).

         II. Standard of Review

         28 U.S.C. § 2254(d)(1) curtails a federal court's review of constitutional claims raised by a state prisoner in a habeas action if the claims were adjudicated on the merits by the state courts. Relief is barred under this section unless the state court adjudication was “contrary to” or ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.